Gratzer v. Mahoney

OPINION AND ORDER

¶1 Karl Eric Gratzer, who was convicted of deliberate homicide in 1982 and who is presently serving a life sentence without the possibility of parole (plus ten additional years for using a dangerous weapon while perpetrating the deliberate homicide) petitioned this Court for a writ of habeas corpus. As a preliminary matter, Gratzer challenges the constitutionality of § 46-22-101(2), MCA (2003), suggesting that the statute, by prohibiting a petitioner from challenging the validity of a sentence, impermissibly suspends the writ of habeas corpus. Substantively, Gratzer maintains…